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TN SB1048
TN SB1048AN ACT to amend Tennessee Code Annotated, Title 58, Chapter 2, relative to emergency powers.
summary
Introduced
02/05/2025
02/05/2025
In Committee
Crossed Over
Passed
Dead
03/25/2026
03/25/2026
Introduced Session
Potential new amendment
114th General Assembly
Bill Summary
As introduced, prohibits a person, political subdivision, or public official, in connection with a state emergency, from categorizing or proclaiming by order, rule, or regulation that a lawful occupation is non-essential, or otherwise proclaiming by order, rule, or regulation that a lawful occupation is prohibited from operating based on what the lawful occupation is; specifies that a person harmed by a violation of the prohibition may bring a civil action for actual damages or declaratory relief. - Amends TCA Title 58, Chapter 2.
AI Summary
This bill amends Tennessee law to prevent state and local government officials from categorizing certain businesses or occupations as "non-essential" during a state of emergency, thereby restricting their ability to operate. The bill defines a "lawful occupation" as any legal vocation, trade, business, profession, or means of livelihood that is not explicitly prohibited by state law. During a declared state of emergency, political subdivisions and public officials would be prohibited from issuing orders, rules, or regulations that classify lawful occupations as non-essential or prevent them from operating. The legislation provides legal recourse for individuals or businesses harmed by such restrictions, allowing them to file civil actions seeking actual damages or declaratory relief. If a person prevails in such a lawsuit, the court must award litigation costs and attorneys' fees, and a public official found in violation could be personally liable. The bill would not apply in cases where an occupation is prohibited due to specific state or federal law violations, and it is set to take effect on July 1, 2025, applying to any prohibited conduct occurring on or after that date.
Committee Categories
Government Affairs, Justice
Sponsors (1)
Last Action
SA0889 - Amendment 2-0 to SB1048 (on 03/26/2026)
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB1048&ga=114 |
| Amendment 2-0 to SB1048 | https://www.capitol.tn.gov/Bills/114/Amend/SA0889.pdf |
| Amendment 1-0 to SB1048 | https://www.capitol.tn.gov/Bills/114/Amend/SA0710.pdf |
| Fiscal Memo for HA0656 (15089) | https://www.capitol.tn.gov/Bills/114/Fiscal/FM2474.pdf |
| Amendment 2-0 to HB0562 | https://www.capitol.tn.gov/Bills/114/Amend/HA0656.pdf |
| Amendment 1-0 to HB0562 | https://www.capitol.tn.gov/Bills/114/Amend/HA0320.pdf |
| Fiscal Note - HB0562 | https://www.capitol.tn.gov/Bills/114/Fiscal/HB0562.pdf |
| BillText | https://www.capitol.tn.gov/Bills/114/Bill/SB1048.pdf |
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